GAB Decision 780
August 21, 1986
New York State Department of Social Services;
Docket No. 86-134
Ballard, Judith A.; Garrett, Donald F. Teitz, Alexander G.
(1) The New York State Department of Social Services (State) appealed
the disallowance of $5,924 in federal financial participation (FFP)
claimed by the State under the Foster Care program, Title IV-E of the
Social Security Act. The amount disallowed was claimed on a revised
Quarterly Statement of Expenditures dated December 30, 1985, for
expenditures beginning in December 1982 and ending in June 1983. The
disallowance state that claims for fiscal year 1980 and after had to be
filed within two years after the calendar quarter in which the State
made the expenditures, as required by section 1132 of the Social
Security Act and 45 CFR 95.7, and the claims disallowed had not been
filed within that time.
The State requested the Board to issue a summary decision with respect
to
$5,150 of the total amount disallowed, based upon our holding in New
York
State Department of Social Services, Decision No. 521, March 6,
1984.
The State requested expedited review pursuant to 45 CFR 16.12 for
the balance
of the disputed claim, amounting to $774. The Board severed
that
portion of the dispute and proceeds to summary decision here with
regard to
the $5,150 portion. *
The State repeated the arguments pertaining to the applicability of
the
relevant filing requirements which it had put forward in Board
Docket
Nos. 83-170 and 83-180, and which the Board rejected in Decision
No.
521. The State admitted that this part of the appeal does not
present
any material issues of fact which distinguish it from Board Docket
Nos.
83-170 and 83-180. The State submitted no new argument why
Decision No.
521 was wrong.
(2) We conclude that $5,150 of the claim disallowed here is barred
by
statutory and regulatory filing requirements and sustain
the
disallowance of this amount, based on Decision No. 521, which
we
incorporate herein. * The Board assigned a new docket number
(86-166)
to the $744 portion and will issue a separate decision after
briefing is
completed.